HANDLEY VS. BLUE CROSS - Nevada Supreme/Appellate Court Record

Case Information: 38496
Short Caption:	HANDLEY VS. BLUE CROSS	Court:	Supreme Court
Lower Court Case(s):	Washoe Co. - Second Judicial District - CV9703693	Classification:	Civil Appeal - General - Other
Disqualifications:		Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	En Banc
To SP/Judge:	09/27/2001 / Roullard, Geoffrey	SP Status:	Completed
Oral Argument:		Oral Argument Location:
Submission Date:	01/22/2004	How Submitted:	On Briefs

+ Party Information

Docket Entries
Date	Type	Description	Pending?	Document
09/19/2001	Filing Fee	Received Filing Fee Paid on Filing. $200.00 from Stephen Neill Scheerer--check no. 5292.
09/19/2001	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.)		01-15838
09/20/2001	Notice/Outgoing	Issued Notice to Transmit Required Document. District Court Minutes. Due Date: 10 days
09/21/2001	Filing Fee	Received Filing Fee Paid on Filing. $200.00 on cross-appeal from Bible Hoy & Trachok--check no. 25850.
09/21/2001	Notice of Appeal Documents	Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.)		01-15958
09/21/2001	Motion	Filed Motion to Dismiss Appeal.		01-15991
09/26/2001	Letter/Incoming	Filed Letter. from the Washoe County District Court regarding district court minutes.		01-16249
09/27/2001	Settlement Notice	Issued Notice: Assignment to Settlement Program. Settlement Judge: Geoffrey Roullard. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/02/2001	Docketing Statement	Filed Docketing Statement. (Respondent/Cross-Appellant)		01-16591
10/05/2001	Notice/Outgoing	Letter. Geoffrey Roullard.
12/18/2001	Order/Procedural	Filed Order. To date, appellant/cross-respondent (appellant) has failed to file the docketing statement. Appellant shall, within 10 days from the date of this order, file and serve the docketing statement. Failure to file a complete and accurate docketing statement in a timely manner may result in the imposition of sanctions. (Docketing statement mailed to attorney Stephen N. Scheerer, counsel for appellant/cross-respondent).		01-21314
12/31/2001	Docketing Statement	Filed Docketing Statement. Appellant/Cross-Respondent.		01-21909
01/04/2002	Docketing Statement	Filed Response to Docketing Statement.		02-00290
01/07/2002	Docketing Statement	Filed Docketing Statement. Original Copy of Docketing Statement filed on 12/31/01. Appellant/Cross-Respondent.		02-00321
01/08/2002	Notice/Outgoing	Letter. Geoffrey Roullard.
02/28/2002	Settlement Program Report	Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter.		02-03726
03/06/2002	Settlement Order/Procedural	Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. This court shall conduct a preliminary jurisdictional review of this appeal and cross-appeal. Fn1[We defer ruling on respondents' September 21, 2001 motion to dismiiss, pending completion of our jurisdictional review. Appellant/cross-respondent and respondents/cross-appellants: 15 days to comply with NRAP 9(a). Appellant/cross-respondent: 120 days to file and serve the opening brief and appendix. Respondents/cross-appellants: 30 days to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant/cross-respondent: 30 days thereafter to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondents/cross-appellants: 30 days thereafter to file and serve a reply brief on cross-appeal.		02-04059
03/25/2002	Transcript Request	Filed Request for Transcript of Proceedings. Appellant/Cross-Respondent. Transcripts requested: July 20, 2001. To Court Reporter: Sierra Nevada Reporters.		02-05238
03/26/2002	Transcript Request	Filed Certificate of No Transcript Request. Respondent/Cross-Appellant.		02-05350
04/03/2002	Transcript	Filed Transcript. Proceedings: February 26, 2001. Court Reporter: Eric V. Nelson.		02-05922
05/06/2002	Order/Procedural	Filed Order Resolving Motion or Stipulation. We deny respondents' motion to dismiss appeal. We advise appellant, however, that because the district court's order denying the motion to alter or amend the judgment is not appealable, appellant may not challenge or raise any issues concerning that decision on appeal.		02-07864
08/13/2002	Order/Procedural	Filed Order. Appellant shall, within 15 days of the date of this order, file and serve the opening brief and appendix. Respondents/cross-appellants (respondents) shall, within 30 days of service of the opening brief, file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant shall file a combined reply brief on appeal and answering brief on cross-appeal within 30 days of service of respondents' brief. Respondents may file reply brief on cross-appeal within 30 days of service of appellant's combined reply brief on appeal and answering brief on cross-appeal.		02-13810
08/15/2002	Motion	Filed Motion to Dismiss Appeal. Renewed Motion to Dismiss.		02-13992
09/05/2002	Motion	Filed Motion to Extend Time.		02-15322
09/05/2002	Motion	Filed Response to Motion. (for appellant's opening brief)		02-15348
10/24/2002	Order/Procedural	Filed Order. On August 15, 2002, respondents/cross-appellants (respondents) filed a 'Renewed Motion to Dismiss.' On September 5, 2002, appellant submitted an opposition to the motion to dismiss. Because the opposition was not timely submitted and appellant has not filed a motion for an extension to file the opposition, we direct the clerk of this court to return, unfilled, appellant's opposition received on September 5, 2002. On September 5, 2002, appellant filed a motion for an extension of time to file the opening brief and submitted her opening brief. On that same date, respondents filed an opposition to appellant's motion. We grant appellant's motion and deny respondents' request to dismiss appellant's appeal. The clerk of this court shall file the opening brief received on September 5, 2002. The clerk of this court shall also file respondents' combined answering brief on appeal and opening brief on cross-appeal and appendix received on October 3, 2002. fn1[Although respondents' brief is titled 'Answering Brief for Respondents/Cross Appellants', a review of the brief indicates that the brief is a combined answering brief on appeal and opening brief on cross-appeal.] Appellant shall have 30 days from the date of this order to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondents shall have 30 days from service of the appellant's combined brief to file and serve a reply brief on cross-appeal. Mr. Scheerer shall have 15 days from the date of this order to show cause why sanctions should not be imposed against him for his material violations of our procedural rules.		02-18428
10/24/2002	Brief	Filed Opening Brief. Mailed on: August 30, 2002.		02-15324
10/24/2002	Brief	Filed Answering Brief. Answering Brief on Appeal and Opening Brief on Cross-Appeal. Mailed on: Reno/Carson Messenger October 3, 2002.		02-17123
10/24/2002	Appendix	Filed Appendix to Answering Brief. Respondent's/Cross-Appellant's Appendix. Volumes 1 and 2.		02-17124
10/24/2002	Notice/Outgoing	Issued Letter. to attorney Stephen Neill Scheerer. Returned unfiled, original "Opposition to Renewed Motion to Dismiss", received September 5, 2002.
11/13/2002	Motion	Filed Response to Order to Show Cause.		02-19518
12/05/2002	Motion	Filed Motion to Extend Time. Request for Enlargement of Time to File Appellant's Reply Brief on Appeal and Cross-Respondent's Responding Brief on Cross-Appeal.		02-20857
12/06/2002	Motion	Filed Response to Motion. Objection to Request for Enlargement of Time.		02-20920
06/27/2003	Order/Procedural	Filed Order. Order Imposing Sanctions and Order Granting Motion. On November 13, 2002, Mr. Scheerer filed his response to this court's order of October 24, 2002. Having reviewed counsel's response, we conclude that the imposition of sanctions is warranted. Accordingly, Mr. Scheerer shall have 6 months from the date of this order to perform 20 hours of pro bono service for Washoe Legal Services and file proof of completion of that service with the clerk of this court. On December 5, 2002, appellant/cross-respondent (appellant) filed a motion for an extension of time to file his combined reply brief on appeal and answering brief on cross-appeal. Cause appearing, we grant the motion. Appellant shall have 30 days from the date of this order to file and serve his combined reply brief on appeal and answering brief on cross-appeal. Respondents shall have 30 days from service of appellant's combined brief to file a reply brief on cross-appeal, if deemed necessary.		03-10778
08/01/2003	Brief	Filed Reply Brief. Appellant's Combined Reply Brief on Appeal and Responding Brief on Cross-Appeal.		03-12993
09/02/2003	Brief	Filed Reply Brief. Respondents/Cross-Appellants Reply Brief.		03-14710
01/22/2004	Order/Procedural	Filed Order/Submit on Briefs. Order Submitting for Decision without Oral Argument. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the En Banc Court as of the date of this order on the briefs filed herein. See NRAP 34(f)(1).		04-01287
01/22/2004	Case Status Update	Submitted for Decision. To the En Banc Court. EN BANC
03/15/2004	Order/Procedural	Filed Order. to File Proof of Completion of Sanction. On June 27, 2003, this court entered an order that imposed a sanction upon appellant/cross-respondent's counsel, Stephen N. Scheerer, for material violations of this court's procedural rules. Specifically, this court directed Mr. Scheerer to perform 20 hours of pro bono service for Washoe Legal Services and file proof of completion of that service with the clerk of this court within 6 months. To date, Mr. Scheerer has failed to file proof of completion of the sanction. Mr. Scheerer shall have 15 days from the date of this order to file with this court proof of completion of the sanction.		04-04774
03/24/2004	Order/Dispositional	Filed Order of Affirmance. fn14[Having considered BCBS's request for sanctions against Handley, we decline to impose any additional sanctions.] "ORDER the judgment of the district court AFFIRMED." fn15[The Honorable Myron E. Leavitt, Justice, having died in office on January 9, 2004, this matter was decided by a six-justice court.] EN BANC-MS/DA/RR/NB/WM/MG		04-05545
04/20/2004	Remittitur	Issued Remittitur.		04-06576
04/20/2004	Case Status Update	Remittitur Issued/Case Closed.
05/13/2004	Remittitur	Filed Remittitur. Received by County Clerk on April 21, 2004.		04-06576
05/19/2004	Order/Procedural	Filed Order. To date, Mr. Scheerer has failed to file proof of completion of the sanction or otherwise communicate with this court. Mr. Scheerer shall have 15 days from the date of this order to file, with this court, proof of completion of the sanction. We caution Mr. Scheerer that failure to comply with this order may result in the imposition of additional sanctions, including referral of this matter to the State Bar of Nevada for investigation.		04-09279
10/12/2004	Order/Counsel	Filed Order/Sanctions. Fourteen months have passed since this court entered its original order imposing sanctions, and three months have passed since our last order. To date, Mr. Scheerer has failed to file proof of completion of the sanction. Accordingly, we refer this matter to the State Bar of Nevada for investigation pursuant to SCR 105. Bar counsel shall, within 90 days from the date of this order inform this court of the status or results of the investigation and any disciplinary proceedings in this matter.		04-18826
01/07/2005	Notice/Incoming	Filed Status Report. Investigative Report from State Bar of Nevada re attorney Stephen Scheerer. NOTE: This original document was placed in attorney Scheerer's bar file. No copy was placed in the correspondence file for this case.
07/01/2005	Notice/Incoming	Filed Proof of Payment of Sanction. Proof of Completion of Sanction.		05-13101
10/12/2005	Notice/Incoming	Filed Status Report. Supplemental Report from State Bar of Nevada re attorney Stephen Scheerer. NOTE: This original document was placed in attorney Scheerer's bar file. No copy was placed in the correspondence file for this case.
02/06/2006	Notice/Incoming	Filed Status Report. Supplemental Report from State Bar of Nevada re attorney Stephen Scheerer. NOTE: This original document was placed in attorney Scheerer's bar file. No copy was placed in the correspondence file for this case.